Patent Law Updates

Featured Expert Legal Commentary

MDS (Canada) Inc. v. RAD Source Technologies: 11th Circuit Finds Federal Circuit Does Not Have Exclusive Jurisdiction When Patents at Issue in Breach of Contract Claim

By Tom Zuber and Jeff Zuber of Zuber Lawler & Del Duca

In a case of first impression, the 11th Circuit recently held that a state law claim with an underlying patent issue did not create patent jurisdiction, and thus the Federal Circuit did not have exclusive appellate jurisdiction. In MDS (Canada) Inc. v. RAD Source Technologies, Inc., No. 11-15145 (11th Cir.… More...

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AMP v. Myriad Genetics, Inc.: Unanimous Supreme Court Limits Patentability of Human Genes

Assn. for Molecular Pathology v. Myriad Genetics, Inc.,  |  June 27, 2013

In a landmark decision involving genetic testing, the Supreme Court held that simply isolating a naturally-occurring gene is not patent-eligible. In Assn. for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (U.S. June 13, 2013), a unanimous Supreme Court held that Myriad’s patents on More...

CLS Bank Intl. v. Alice Corp. Pty. Ltd.: En Banc Federal Circuit Cements Confusion Over Patent-Eligibility for Software

CLS Bank Intl. v. Alice Corp. Pty. Ltd.  |  June 23, 2013

The Federal Circuit recently released a highly divided opinion regarding the patentability of software. In CLS Bank Intl. v. Alice Corp. Pty. Ltd., 2011-1301 (Fed. Cir. May 10, 2013), the Court, sitting en banc, could not agree on how to test whether a software patent claim is too abstract to be More...

Bowman v. Monsanto Co.: Growing Patented Soybeans for Replanting is Infringement

Bowman v. Monsanto Co.  |  May 31, 2013

The Supreme Court recently held that a farmer could not make copies of a patented soybean by purchasing harvested beans and planting them. In Bowman v. Monsanto Co., No. 11-796 (U.S. Feb. 19, 2013), a unanimous Supreme Court held that such activity fell outside the doctrine of patent exhaustion, More...

Gunn, et al., v. Minton: Supreme Court Denies Federal Jurisdiction for Patent-Related Malpractice Suit

Gunn, et al., v. Minton  |  May 13, 2013

A unanimous Supreme Court held that a state legal malpractice claim involving a patent issue did not “arise under” federal patent law, and thus did not belong in federal court. In Gunn, et al., v. Minton, No. 11-1118 (U.S. Feb. 20, 2013), the Court found that while resolution of a patent issue More...

Hall v. Bed Bath & Beyond: Federal Circuit Rejects District Court’s Pleading Standards for Design Patent Infringement

Hall v. Bed Bath & Beyond Procurement Co. Inc.  |  May 8, 2013

The Federal Circuit recently allowed several design patent infringement-related claims to go forward after reversing a district court’s complete dismissal. In Hall v. Bed Bath & Beyond Procurement Co. Inc., 2011-1165, 2011-1235 (Fed. Cir. Jan. 25, 2013), the Court sided mostly with More...

Arkema v. Honeywell Intl.: Federal Circuit Explains MedImmune Standard for Declaratory Judgment Jurisdiction Involving Indirect Patent Infringement

Arkema, Inc. v. Honeywell Intl., Inc.  |  May 1, 2013

The Federal Circuit recently interpreted the Supreme Court’s MedImmune standard for declaratory judgment jurisdiction involving alleged indirect patent infringement. In Arkema, Inc. v. Honeywell Intl., Inc., 2012-1308 (Fed. Cir. Feb. 5, 2013), the Federal Circuit found that several elements More...

America Invents Act: First-to-File Priority for Patent Applications Begins March 16

Leahy-Smith America Invents Act of 2012  |  February 25, 2013

The Leahy-Smith America Invents Act (“AIA”) will be fully implemented on March 16, 2013. Since its passage, the provisions of the AIA have come into effect in stages. The important first-to-file change takes effect on patent applications filed after March 16. As first-to-file replaces the More...

Edwards Lifesciences v. Corevalve: Federal Circuit Sides Strongly with Prevailing Plaintiffs Seeking Injunctions

Edwards Lifesciences AG v. Corevalve, Inc.  |  February 5, 2013

The Federal Circuit has created some ambiguity regarding its propensity to issue permanent injunctions to prevailing plaintiffs. In Edwards Lifesciences AG v. Corevalve, Inc., 2011-1215 and 2011-1257, (Fed. Cir. Nov. 13, 2012), the Court stated that such plaintiffs may “normally expect” the More...

Fox Group, Inc. v. CREE, Inc.: Federal Circuit Allows Prior Inventor to Invalidate Patent with Single Iteration of Practice and Minimal Disclosure

Fox Group, Inc. v. CREE, Inc.  |  January 18, 2013

The Federal Circuit has made it easier for prior inventors to invalidate an existing patent. In Fox Group, Inc. v. CREE, Inc., 2011-1576, (Fed. Cir. Nov. 28, 2012), the Court invalidated two major claims in an existing product patent as a prior inventor was able to prove reduction to practice More...

Revision Military v. Balboa Manufacturing: Patent Infringement Preliminary Injunctions Must Use Federal Circuit Law

Revision Military, Inc. v. Balboa Manufacturing Co.  |  January 14, 2013

The Federal Circuit recently clarified that district courts should not employ their own circuit’s standard for a preliminary injunction when dealing with patent infringement cases. In Revision Military, Inc. v. Balboa Manufacturing Co., 2011-1628 (Fed. Cir. Nov. 27, 2012), the Court held that a More...

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Association for Molecular Pathology

Prometheus Laboratories, Inc.

Mayo Collaborative Services d.b.a. Mayo Medical Laboratories

Smithkline Beecham Corp. (d.b.a. GlaxoSmithKline, plc.)

Touchsport Footwear USA, Inc.

Bed Bath & Beyond Procurement Co., Inc.

SmithKline Beecham PLC

Dish Network Corp.

HT Window Fashion Corp.

International Seaway Trading Corp.

Myriad Genetics, Inc.

SmithKline Beecham Corp. d.b.a GlaxoSmithKline

Old Reliable Wholesale, Inc.

Ortho-McNeil Pharmaceutical, Inc.

Montgomery Ward & Co., Inc.

Glaxo Group Limited d.b.a. GlaxoSmithKline

Cornell Corp.

Mylan Pharmaceutical, Inc.

Global-Tech Appliances, Inc.

Ranbaxy, Inc.

CyberSource Corp.

Mylan Laboratories, Inc.

Pentalpha Enterprises, Ltd.

Teva Pharmaceuticals USA, Inc.

Retail Decisions, Inc.

Stryker Sales Corp.


Abbott Laboratories

Therasense, Inc.

Nova Biomedical Corp.

Stryker Orthopaedics

Microsoft Corp.

Sandoz, Inc.

Sandoz GMBH

Becton, Dickinson & Co.

Stryker Corp.

i4i Limited Partnership

Astellas Pharma, Inc.

Bayer Healthcare LLC

Howmedica Osteonics Corp.

Infrastructures for Information Inc.

Teva Pharmaceuticals Industries, Ltd.

Abbot Laboratories

Acumed, LLC

University of Utah Research Foundation

Ranbaxy Laboratories, Ltd.

Abbot Diabetes Care, Inc.

Quanta Computer, Inc.

Unites States Patent and Trademark Office

Par Pharmaceutical Companies, Inc.

Additional Resources

Patent Law